Durban - Dane Majority, 30, alleged leader of the Hollywood gang in Wentworth, and another gang member, Quadine Ogle, 24, who were convicted of a 2017 murder, were granted leave to appeal their convictions on Tuesday.
However, their application to be released on bail pending the outcome of the appeal was denied – in the interest of justice, said magistrate N Naidoo.
According to the court charge sheet, they caused the death of Hutchinson Waylyn Samuel, 21, on September 24, 2017, on Richard Winn Road, Wentworth.
Ogle and Majority “unlawfully and intentionally” assaulted Austen Lowe with intent to kill him by shooting at him while he was in a motor vehicle, injuring him on his right leg. Also in the vehicle was Devron Paul, who was injured on his right hand. A fourth occupant in the vehicle, Dilian Ogle, was not injured.
Last month Majority and Ogle were found guilty of murder and three counts of attempted murder. Magistrate N Singh sentenced Ogle to eight years’ imprisonment for murder and five years each for the three attempted murders.
Majority was sentenced to 12 years’ for murder and five years each for attempted murder. The court ordered that the attempted murder sentences must run concurrently for the men.
On March 29, their attorney, Viren Singh, made an urgent application to the Durban High Court for the Department of Correctional Services (DCS) to bring both men to court for an application for leave to appeal to be considered.
In his application, Singh said the magistrate had erred in placing insufficient weight on the material and relevant discrepancies which the court accepted as having been established.
Majority and Ogle were taken to the Ebongweni Maximum Security correctional facility in Kokstad. The court was aware that Majority is also on trial for a 2018 attempted murder case that he had missed on March 23 because of his incarceration. The matter was adjourned for May.
Advocate Jimmy Howse SC said there were many contradictions and discrepancies with witness statements, and another court should look at it and re-appraise them. He claimed there was collusion between witnesses and his clients were falsely implicated.
Naidoo said she was not convinced another court would come to another decision. However, she allowed leave to appeal.
In the bail hearing, Ogle’s affidavit stated that he had two children and was responsible for the care and upkeep of his mother. He receives a disability grant and works at a panel-beating shop.
Howse said both men were released on warning pending the trial, and should not violate their bail conditions or attempt to evade trial.
Both said they felt they had reasonable prospects of success in their appeals, and could afford bail of R20 000.
Majority said he had three children to look after. He said he managed a panel-beating business with his father in Woodlands. He stated that the complainant in the outstanding court matter had signed a withdrawal statement and that the matter had been partly heard.
Prosecutor Nhlanhla Mkhize called on investigating officer Detective Sphiwe Mhlongo to testify regarding allegations that the outstanding case was being withdrawn.
Mhlongo said three people were shot and wounded in that incident, and none of them had made any submissions to withdraw charges against Majority.
“The witnesses and complainants were present in court at all times. In fact, the Police Public Order Policing Unit had to escort them to court. They had this fear that someone would interfere with them,” Mhlongo said.
Singh also made an application for the accused to be kept at DCS Westville so he could consult with them.
In recent years, the Hollywood gang, based on Woodville Road, of which Majority was fingered as the leader, has fought a bloody street war with several different gangs over the lucrative drug trade in the suburb.
The Daily News has reported on several murders, including those of innocent bystanders caught in the crossfire.
Daily News